Journal of Research in Ecology ISSN No: Print: 2319 –1546; Online: 2319– 1554

An International Scientific Research Journal

Review article
Investigating the environmental- legal status arising from indiscriminate use
of pesticides and fertilizers in Golestan Province
Authors: ABSTRACT:
Journal of Research in Ecology

Mohammad Mobinifar1, Golestan Province is formed from different and diverse ecosystems in terms
Naser Ghasemi2 and of certain geographic locations and other environmental factors. Indiscriminate use of
Reza Arjmandi3 pesticides and chemical fertilizers, which are considered the most important factors
threatening the environment are associated with various harmful effects in Golestan
province (ranked first in the oesophagus and stomach cancer), including groundwater
contamination, adverse effects on fish and other organisms, pesticides residues in
agricultural products, livestock and food and the incidence of gastrointestinal
diseases. In addition to environmental aspects, legal status of the use of pesticides as
Institution: well as cases of conflict, inconsistent, overlapping and repetition in the relevant laws
1. Department of have been analyzed as a threat in the use of pesticides in the present article. Also,
Environmental Law, Faculty investigation was done on the management process and the executive performance
of Environment and Energy, of responsible and effective organizations as well as on the performance of
Science and Research indigenous people and local people who are now considered as effective and
Branch, Islamic Azad threatening factors in managing the use of pesticides. Finally, some recommendations
University, Tehran, Iran are presented on the legal and operational issues.
2. Faculty of Public and Keywords:
Criminal Law, University of Environmental- legal status, land and water resources, pesticides, fertilizers
Judicial Sciences and
Administrative Services,
Tehran, Iran.
3. Department of
Environmental Management,
Faculty of Environment and
Energy, Science and
Research Branch, Islamic
Azad University, Tehran,
Iran

Corresponding author:
Naser Ghasemi

Email ID: Article Citation:

Web Address:
http://ecologyresearch.info/
documents/EC0153.pdf
Mohammad Mobinifar, Naser Ghasemi and Reza Arjmandi
Investigating the environmental-legal status arising from indiscriminate use of
pesticides and fertilizers in Golestan Province
Journal of Research in Ecology (2016) 4(2): 375-384
Dates:
Received: 26 Aug 2016 Accepted: 06 Oct 2016 Published: 12 Dec 2016
This article is governed by the Creative Commons Attribution License (http://creativecommons.org/
licenses/by/4.0), which gives permission for unrestricted use, non-commercial, distribution and
reproduction in all medium, provided the original work is properly cited.

Journal of Research 375-384 | JRE | 2016 | Vol 4 | No 2

in Ecology
An International www.ecologyresearch.info
Scientific Research Journal
 Mobinifar et al., 2016
INTRODUCTION Table 1. Statistics on the distribution of chemical
fertilizers in Golestan province until 2015(tons)
Golestan province is considered as one of the Year Nitrogen Phosphate Potassium Macro Total
agricultural hubs in the country, in a way that several 1996 31929 17211 - - 48503
1997 49494 51385 3470 - 104309
different products are simultaneously grown in this 1998 50040 33904 6862 - 90806
province because of the appropriate climatic conditions, 1999 64026 39917 33114 2612 129669
2000 75274 59639 11876 7651 154440
soil type and water resources. However, valuable natural 2001 88832 39310 1176 15267 155170
2002 80093 48373 7628 8809 144903
resources of the province have been destroyed due to the 2003 78987 36075 12007 16149 143218
devastating impact of indiscriminate use of pesticides and 2004 115320 44873 9054 27407 196654
2005 97585 48040 10762 28060 184447
fertilizers, particularly unconscious, irregular, 2006 140000 48060 20135 31450 -
2007 111070 47265 20932 7694 186961
unnecessary, untimely and indiscriminate use of such 2008 107600 41600 6570 1600 157370
chemical substances. One of the consequences of this 2009 115540 27100 1000 12100 155740
2010 96400 30250 3550 1000 131200
situation is the chaos and imbalances in the ecological 2011 58000 22000 300 8200 88500
2012 64328 14600 1289 1000 81217
balance, the most unfortunate consequence of which is the 2013 77933 21401 1635 - 100969
contamination of water resources. In this study, the main 2014 65300 23092 9981 - 98373
2015 89057 26513 13455 - 129025
factors threatening these valuable sources are discussed in
terms of the environmental- legal aspects which include follow a specific pattern and many fluctuations and
management and operational issues. Then, solutions changes can be seen in the use of fertilizers and their
necessary to reduce the threats and systematically unbalanced use in several years. On the other hand, a
organize the current situation have been presented. significant portion of phosphorous and cadmium from
Considering the fact that resources of the province, fertilizers accumulated in the soil, entered the food chain
particularly water resources are heavily exposed to threats in many ways and created problems for the environment
of all-out destruction of the region (land) and all kinds of and humans. For example, Golestan province ranks first
pollution in the watershed, the environmental, legal and regarding the rate of oesophagus and stomach cancers in
managerial aspects related to the use of pesticides and the country, to the extent that in 2007, the number of
fertilizers have been addressed in this article. people who had been suffering from oesophagus and
Environmental aspects of threating factors stomach cancers in the province was 634, from which 457
Indiscriminate use of chemical fertilizers, people live in rural areas and from them, 279 people are
especially nitrogen fertilizers contaminates the soil and engaged in husbandry and agriculture. However, the
water resources of the province and is associated with document for the development of the agricultural sector
disastrous consequences. For example, according to the has confirmed the contamination of underground and
Management and Planning Organization of the province surface water and the penetration of the urban and
in the crop year (2004-2005), a total of 60% of the total household sewage into aquifers as well as raised and
acreage is allocated to wheat and barley crops. categorized the issue as one of the fundamental issues of
Since there is significant rainfall in these seasons the province.
leading to the leaching of fertilizers, particularly different The existence of many agricultural lands and the
kinds of nitrogen fertilizers and resulting eventually to the overuse of pesticides and chemical fertilizers have caused
contamination of groundwater and surface water (Table the annual volume of many agricultural wastewaters to
1). As the previous investigations on the use of these enter the important water resources of the province and
inputs showed the percentage of fertilizers use did not eventually the Caspian Sea.
376 Journal of Research in Ecology (2016) 4(2): 375-384
Mobinifar et al., 2016
These wastewaters contain large amounts of referred to 5th Azar Gorgan hospital suffered from the
chemical residues to the extent that, according to the same problem, respectively in years 2001 and 2002.
previous research, chlorinated pesticides have been found However, a number of patients lost their lives before
and approved in waters such as Gharehsou, Khajehnafas being admitted to the hospital and numerous people have
(Gorganrud) and NoKandeh. Based on the same research, been infected with other diseases that are associated with
the highest contamination rate occurs during the spring contamination, pesticides and fertilizers, although the
with (14.01 µg/L) and the average annual contamination statistics is not recorded anywhere (Medical Record Unit.
rate of 11.08 µg/L has been detected in the Gharehsou 2007).
River. According to the province's Ministry of Due to the overuse of pesticides and fertilizers in
Agriculture, the edge of rivers is suitable for farming, the province, there are large numbers of containers and
particularly for rice cultivation and people are encouraged bags containing these chemicals in the environment
to grow crops and horticultural products. That's why the annually and are sometimes used for other purposes. So,
use of pesticides and fertilizers are common in these areas such factors are threatening the region's environment due
of the province and a variety of chlorinated pesticides and to their negative effects. According to Article 5 of the
phosphorus are used, which cause water contamination regulation for the prevention of water contamination
and thus enter the aquatic food chain. For example, (Saed and Tila, 2012a), the Environmental Protection
dangerous herbicides such as Saturn and Machete that Organizations are responsible for preparation of standards
have the most harmful effects on blue-green algae, destroy related to water contamination. However, issues such as
all blue-green algae and are widely used. Moreover, violations and lack of management in the implementation
Diazinon, Malathion and Machete have disproportionately of the regulation are the underlying causes for the
negative impact on the zooplanktons, Daphnia magnas, continuity of the contamination. These standards have
baby fish and white sturgeons (Management and Planning been developed precisely; however, they are based on the
Organization of Golestan province, 2006). exact translation of the US EPA Standards, which are
The Ministry of Health and Medical Education is difficult to implement and incompatible with many
the organization responsible for monitoring the quality of conditions and factors in our country.
drinking water from the intake to the consumption stage Legal aspects of threats
as well as controlling the food quality. Unfortunately, Rules and regulations play a major role in
there is no specialized laboratory to confirm the residues organization and prevention of contamination and
of pesticides and fertilizers in food including vegetables destruction. On the one hand, lack of adequate laws and
and fruits and the law enforcement process is not ambiguities in such laws, and on the other hand, lack of
monitored (Legal and Parliamentary Affairs Office, adherence to such rules and regulations are reasons
2004). contributing to contamination and destruction of the
Accordingly, a lot of people are in trouble due to environment.
the consumption of contaminated food and have lost their The Clause of Article 9 on Protection and
health. For example, pesticide poisoned patients account Improvement of the Environment prohibits farmers from
for a total of 8.62 %, 5.17 % and 15.26 % of poisoned using the chemical pesticides to combat pests from the
patients referred to Shohada Hospital in Gonbad, generality of Article 9 stating that any action that causes
respectively in years 2005, 2006 and by the end of May contamination, while agricultural wastewater containing
2007. Moreover, a total of 24.44% and 22.56% of patients chemical pesticides are one of the most major

Journal of Research in Ecology (2016) 4(2): 375-384 377

 Mobinifar et al., 2016
contaminants of rivers in the studied area (Saed and Tila, observing the related standards is a criminal act, which
2012b). can be prosecuted. Moreover, the Ministry of Agriculture,
In discussing the need to identify causes of which is responsible for monitoring the implementation of
contamination and the obligation of the related rules and procedures for inputs distribution does not
organizations, Articles 11 and 12 of the Preservation and exercise adequate oversight in this regard.
Improvement of the Environment Act, have required the Also, according to Article 9 of the regulation on
Environmental Protection Organization to monitor only pesticides and chemical control and health monitoring
the activities of workshops and factories and are not (Islamic Parliament Research Center, 1999), all factories,
effective in other contamination cases (Saed and Tila, workshops and health and trade centers and as well as all
2012c). In addition, the law enforcement is a time- persons engaged in the purchase or use of pesticides and
consuming process and will also be extended after chemicals, who are required to destroy the empty
submitting an appropriate deadline. Moreover, activities containers properly and in compliance with environmental
are prohibited in the case of lack of any positive action; standards. According to the Plant Protection Law and
however, action must be taken by adopting longer relevant regulation, the Ministry of Agriculture is
deadlines regarding the drinking water. Article 46 of the responsible to monitor all stages of licensing for vendors
equitable distribution of water (Saed and Tila, 2012d) and and manner of using pesticides as well as the time and
Article 2 of its executive regulation hold Iran's type and composition of pesticides and etc. (Research
Environmental Protection Organization (IEPO) center on oesophagus and stomach diseases, 2007).
responsible to prevent the contamination of water The interesting point on the use of pesticides is in
resources (Plant Protection management, 2006). the Clause of the Article 6 in the same law, which requires
If all the necessary tools, which can be used in the Plant Protection Organization to raise the public
the quality control debate, must be presented to the awareness regarding the type and composition of
Ministry of Energy, Article 7 of the aforesaid regulation pesticides and how to fight, time and manner of protecting
has allowed the temporary cultivation of crops in that part human and animals against poisoning as well as to issue
of the river bed with the permission of the regional water health recommendations in each region regarding the
company and on condition of creating no problems for pertinent issues (Plant Protection Organization 2016).
other farmers (Saed and Tila, 2012e). Moreover, Clause 1 of the Act to amend paragraph 2 in
Paragraph (d) of Article 12 of the Law for Article 1 on the constitution and duties of the Ministry of
hunting and fishing is one the most important regulations, Health, Treatment and Medical Education, (Islamic
which ensures the enforcement of the above law. The Parliament Research Center 1988), holds only the
paragraph stated that any act that leads to the water organization responsible for setting standards in terms of
contamination and death of aquatic animals is a criminal observing the health recommendations. However, there is
act and considers punishments for the perpetrator (s) an inconsistency in the implementation of such
(Saed and Tila, 2012f). recommendations in the same Act, which also requires all
Pesticide containers and chemical fertilizers bags organizations to observe these recommendations. Pursuant
are considered among the categories of agricultural to paragraph (6) of Article (22), (Saed and Tila, 2012h)
wastes. According to the Articles 16, 18 and 19 of Waste according to the protection and exploitation of aquatic
Management Act (Saed and Tila, 2012g), the release and resources Act of the Islamic Republic, any contamination
disposal of such wastes in the environment without and damage to aquatic resources are prohibited.
378 Journal of Research in Ecology (2016) 4(2): 375-384
Mobinifar et al., 2016
(Khorasgani, 1997) environment as well as the prevention and prohibition of
Damage to aquatic resources may occur through any form of contamination and destructive actions that
industrial waste water, chemical, toxic and radioactive cause imbalance in the environment. Also, the same
substances, chemical fertilizers and pesticides, etc. organization is responsible for the prevention and
Therefore, the contamination, which is caused by any inhibition of water contamination in accordance with
means and in any way is considered a criminal act. Article 46 of the Act of equitable distribution of water as
Furthermore, judicial authorities are not well well as Article 3 and 4 of the related regulation.
coordinated with the responsible agencies in Moreover, according to Article 2 of the Law on the
implementing laws and regulations relating to the field Protection and Improvement of the Environment, (Saed
and ignorance and inexperience of some judges are and Tila, 2012j) President of the Islamic Republic of Iran
effective in creating such conditions. Unfortunately, some is the Chairman of the Supreme Council of Environmental
judges are not well decided in dealing with violations Protection and the organization can take the necessary
related to water resources (particularly contamination measures through this channel because the country's
caused by fertilizers and pesticides) and pass a judgment ministries of Agriculture, Health, Management and
by taking into account the specific considerations. Also, Planning Organization and chairman of Standard and
some judges, based on the false notion, don't think that the Industrial Research Institute etc. are members of the
environmental crime is a crime and issue the judgment for Supreme Council (4 and 7). (Medical records, 2007)
the acquittal of the offender by arguing about the failure (Saed and Tila, 2012k).
to fulfill the elements of a crime (Ghasemi, 2005). Ministry of agriculture
Existing laws such as the Islamic Penal Code, According to the Plant Protection Act and related
laws related with equitable distribution of water, solid regulations, Article 3 and 22 of fisheries organizations in
waste management laws, preservation and improvement accordance with of the law on conservation and utilization
act, environmental crimes regulations, regulations related of aquatic resources of the Islamic Republic of Iran and
with the prevention of water contamination are among Article 8 of the Regulations relating to contamination and
preventive and penal laws used in case of the the spread of contagious and harmful diseases, (Saed and
contamination control and punishment of individuals who Tila, 2012l). Ministry of Agriculture can take necessary
are engaged in contaminating activities. However, the measures in order to reduce the contamination level of
number of threats associated with the indiscriminate use aquatic resources through the Plant Protection
of pesticides and fertilizers are increased day by day. Organization. Moreover, the ministry is responsible to
Managerial and operational aspects of threats control the type and usage amount of chemical fertilizers
Management and performance process of various and pesticides in orchards and agricultural lands of the
executive and staff organizations, which are dealt with province, delimitate the authorization to use change as
below is very effective on the use of chemical fertilizers well as to convert them to different uses, provide inputs,
and pesticides. determine and policies regarding the planting, growing,
Iran's Environmental Protection Organization (IEPO) harvesting in the province. (Management and Planning
According to Articles (1, 6, 9, 12) of Law on the Organization of Golestan province, 2006)
Protection and Improvement of the Environment (Saed Ministry of energy
and Tila, 2012i) and its executive regulation, IEPO is According to Article 3 and Clause 1 of Article 4
responsible for the task of protecting and improving the of regulation on water contamination prevention, Ministry

Journal of Research in Ecology (2016) 4(2): 375-384 379

 Mobinifar et al., 2016
of Energy is responsible to collaborate with IEPO, enforcement of laws and regulations dealing with
identify and investigate various sources of water offenders, but the previous studies showed that the
contamination and delimitate the beds of river and lakes authorities aren't well coordinated with the responsible
etc. by collaborating with the Department of Water authorities. Unfortunately, due to their ignorance and
Affairs in provinces (Saed and Tila, 2012m). inexperience, some judges don't act decisively while
Ministry of health and medical education dealing with violations regarding the fertilizer and
Beside the duty to cooperate with IEPO under pesticide contamination and issue judgments with some
Article 3 and clause 1 of Article 4 of Regulation for considerations in mind (Ghasemi, 2005). Although some
preventing water contamination, (Saed and Tila, 2012n) judges, based on false notions, believe that the
the Ministry is obliged to inform judicial authorities of environmental crime is not a crime and thus, issue the
threats of public health through environmental health judgment for the acquittal of the offender by arguing
centers in every province in accordance with Article 688 about the unjustified reasons. On the other hand, IEPO
of the Islamic Penal Code (Danesh, 2016). Also in and Health and Medical Education along with the other
accordance with Article 36 of the executive regulation on relevant organizations are not quite courageous enough to
the waste management, the officers of the organizations, lodge a complaint and submit a report to the judicial
including the environmental health officers are allowed to authorities on the use of fertilizers and pesticides.
identify, report and follow-up violations related to the rule Evaluating the competence and the role of other
i.e. the disposal process of agricultural wastes (Medical natural and legal persons
records, 2007). Indigenous and local peoples
Ministry of interior Ignorance of local people, especially farmers
According to Article 5 of the Executive regarding problems caused by the indiscriminate use of
Regulation of waste management, the Ministry of Interior pesticides and fertilizers as well as lack of communication
is obliged to prepare and enforce executable waste with agricultural experts and lack of awareness of the
management practices with the cooperation of other harmful effects of fertilizers and pesticides on human
concerned authorities. Moreover, General-Governor health and creatures are associated with the adverse
Offices are responsible (Department of Planning) for effects. Rising the public awareness and responsibility of
financing and coordinating the implementation of local and indigenous people and farmers regarding the
development projects among different organizations and shelf life of pesticides can significantly reduce their
departments. effects. The harvesting of crops, especially fruits and
Ministry of Science, Research and Technology vegetables after the shelf life of leftover of fertilizers and
The Ministry of Science, Research and pesticides bags etc. are very effective in reducing their
Technology, especially universities are responsible for effect. Furthermore, local authorities, especially
protecting the biotechnology-induced bio safety. Also, the municipalities, rural district council and demarches can
Ministry can act effectively by doing research on the produce the desired effect by accurate and timely
contamination arising from fertilizers and pesticides and information on the adverse effects of indiscriminate use of
providing appropriate solutions and cooperating with pesticides and chemical fertilizers as well as coordination
other organizations (Pirizekohi, 2004). with other relevant authorities (Management and Planning
Judicial authorities Organization of Golestan province, 2006).
Judicial authorities are responsible for the Non-Governmental Organizations (NGO)

380 Journal of Research in Ecology (2016) 4(2): 375-384

Mobinifar et al., 2016
NGO’s can take a significant step in promoting  A council consisting of chairman of the regional
the efficiency and reducing the effects of pesticides and organization, political or planning deputy of police force
fertilizers by increasing local awareness and promoting of General-Governor Office, Director General of
the correct use of inputs, including fertilizers and Environment, Agriculture, Water affairs, Water and
pesticides, giving warnings to local people and other Sewage Company, environmental health, natural
officials to reduce the contamination rate and the resources, justice, the police commander in the province,
providing necessary training to local people on the effects governors and demarches. The regulatory authority scope
of indiscriminate use of such chemical products. of the organization includes monitoring the performance
of the executive institutions in the province, monitoring
CONCLUSION the proper enforcement of regional laws, approval of the
Although, the use of pesticides in agriculture is program to moderate the use of pesticides and chemical
beneficial for pathogen control, the pesticides themselves fertilizers.
can cause disease and death in humans. The problems are Legal recommendations use of pesticides and chemical
caused by a variety of direct and indirect contact of fertilizers in Golestan
human with pesticides. In fact, water and soil  Adoption of a comprehensive law to manage the
contamination by pesticides and chemical fertilizers is one catchment areas of major rivers of the Province and
of the issues, which have negative impacts on our finally the Caspian Sea, including a ban on paddy
environment. Although, there are many laws and cultivation in neighboring rivers for conservation and
regulations on distribution and use of pesticides and utilization of water resources
chemical fertilizers, due to the lack of enforcement and  Setting standards on the balanced use of pesticides
lack of proper management, we suffer
from and fertilizers
contaminations and the impacts resulting from the use of  Setting punishments for offenders
such chemicals in our environment. Therefore, based on  Setting local and regional guidelines and regulations
the previous studies and the identified defects, the to control agricultural and service activities
following recommendations can be offered for a good  Setting special rules to combat pests and plant
management and reducing the contamination caused by diseases
pesticides and fertilizers:
 Financial and moral support of special agents to
Structural and organizational recommendations-Plant
control areas and setting punishment for those officers
Protection Organization in Golestan
who violate the related laws
Establishment of a regional organization with a
 Administrative and management recommendations on
clear structure and composition in order to adopt a
the use of pesticides and chemical fertilizers in Golestan
coordinated policy in dealing with the problems of the
 Preventing the cultivation of a monoculture
province, planned organization and effective
agriculture for some consecutive years
implementation of laws and monitoring the performance
 Prohibiting the use of pesticides in 500m of water
of the effective institutions. The composition and structure
resources
of regional organization mentioned above are as follows:
 Agricultural lands are mostly in small pieces of areas
 Chairman of the regional organization with a
and are run by a yeoman in the province. That's why the
standard decree
new agricultural techniques cannot be implemented in this

Journal of Research in Ecology (2016) 4(2): 375-384 381

 Mobinifar et al., 2016
property system. Moreover, the Agriculture Organization very important.
must convert the system into a condominium system and General recommendations for Golestan citizens to use
specify farmers' shares with regard to the ownership level pesticides and chemical fertilizers
in the condominium system. Next, the new agricultural  Raising public awareness and use of public
techniques can be implemented using a proper participation in particular, non-governmental
management and planning. organizations, which are considered as one of the key
 Development of agricultural research centers in the tools in the control and reduction of water resources
province, in a way that a research center is established in contamination and management. Based on the 5th
each area or city, where it operates mainly in the field of principle of the constitution, protection of the
biological control and its main purpose is to prevent long- environment is a public duty, so not only every member of
term use of chemical products to fight against agricultural society as natural individuals is responsible in this regard,
pests. but also the governmental institutions as legal persons are
Integrated Pest Management (IPM) obliged to do their duties.
 In the chemical fight against pests, such pesticides  Training judges and other judicial administrative
should be used that act exclusively and impose no harmful staffs are trained through in service training of personal in
effect on target organisms. Some pesticides, such as 60% all executive organizations related to the problems caused
diazinon and malathion are the pesticides with high by excessive use of fertilizers and chemical pesticides.
toxicity, the use of which must be prevented as much as
possible. ACKNOWLEDGEMENT
 Use a soil test before fertilizing must be considered I strongly appreciate and thank Dr. Dabiri for his
as an important principle. Moreover, the fertilizer feeding kind Corporation.
process must be prohibited before the soil testing and the
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